Are employers allowed to ask job applicants questions about their military service?

In Texas, employers are allowed to ask job applicants about their military service, as long as the question does not target a specific protected class. Under the state’s employment discrimination laws, employers are prohibited from making hiring decisions based on personal characteristics such as race, color, religion, sex, national origin, age, or disability. When asking about military service, employers must also be mindful of Title VII of the Civil Rights Act of 1964, which protects certain categories of persons from discrimination, such as veterans with service-connected disabilities. Again, employers must not use their questions about military service to discriminate against applicants. If a job does not require military training or experience, an employer can legally ask if the applicant has military experience, without violating state or federal employment discrimination laws. Any information obtained must be used objectively to assess each candidate’s qualifications and suitability for the job in question. In all cases, employers want to ensure that they are respecting an applicant’s privacy and adhering to the law. Asking questions about military service can be part of a legal and fair hiring process if done properly.

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